7/8/11 Judge denies motion to suppress in cocaine, Oxycodone trafficking case
By Nick Sabo
July 8, 2011
295
SUMMARY: Rules loud exhaust led to legal traffic stop
It only took a few minutes of video to discredit a Nashville mans claim that he was subjected to an illegal traffic stop.
Holmes County Common Pleas Judge Robert D. Rinfret ruled Friday June 8 against a motion to suppress by Jesse Morales, 56, 398 Wooster Road.
In the motion, Morales, who is charged with aggravated trafficking in oxycodone and trafficking in cocaine, argued that he was stopped by Holmes County Sheriffs deputy Tim Stryker Feb. 14 without cause. The routine traffic stop, which Stryker said was prompted by a loud exhaust, led to Morales being searched. Cocaine was allegedly found on his person and 18 oxycodone pills were found in his truck, along with paraphernalia and a small amount of marijuana.
Morales motion states that the trucks exhaust was in good working order and not noisy.
However, Prosecuting Attorney Steve Knowling produced a video of the traffic stop, and a muffler blaring loudly can be plainly heard.
Stryker said he observed Morales heading westbound on W. Jackson Street in a 1999 S10 pickup in Millersburg at approximately 11 a.m. He was joined by deputy Joe Mullet after making the traffic stop, who kept an eye on Morales while Stryker performed a rudimentary search with his K9 unit, King.
In the video, taken with a vest recorder worn by Mullet, the sound of a loud exhaust can be heard. The noise stops when Morales turns off his truck.
Mullet is audible on the video yelling at Morales after he sees Morales reach behind the drivers seat and drop something into his sweater.
The K9 appears to hit on the scent of drugs on the passenger side.
The search turned up four small white bags of cocaine, marijuana and 18 Oxycodone pills. The cocaine was found in a gray cloth bag that Morales took from his sweater handed to the deputies.
Cash totalling $462 was found on Morales in three separate bundles, Mullet said.
At the time of the stop, Stryker said Morales was aware of the loud exhaust and said he made an appointment to get it fixed.
Rinfret said the noise from the exhaust as heard in the video was sufficient probable cause to perform a traffic stop. Rinfret further said the search was warranted.
The K9 unit has been proven to be certified (and) Morales made a suspicious move by dropping the bag in his sweater, Rinfret said.
The case is scheduled for a Aug. 27 pretrial. Morales faces up to 30 months in prison if convicted on both counts.
